The Urban Justice Center filed this putative federal class action lawsuit in the United States District Court for the Southern District of New York on September 11, 1997, challenging the arbitrary arrests and subsequent strip searches of homeless people sitting on park benches under 28 U.S.C § 1983 and state law. Plaintiff sought to enjoin the enforcement of the law and the strip-search policy, and sought damages for class members.

On December 26, 2000, Magistrate Judge Martin granted partial summary judgment, upholding the City policy allowing the police to arrest homeless people for sleeping in cardboard boxes in public, but allowing the challenge to the strip-search policy of the NYPD to go forward. The court also denied class-certification to the plaintiffs. The case subsequently settled for $15,000; collateral litigation led to an additional payment of $55,000 in attorneys fees.

The district court's finding that the New York City Code Sec. 16-122 was not unconstitutionally vague as applied was upheld in the 2nd Circuit on appeal by Judge Kearse, with Judge Calabresi dissenting.

Blase Kearney - 04/09/2012


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